ORDER OF THE PRESIDENT
OF THE EIGHTH CHAMBER OF THE GENERAL COURT

31 May 2016 (*)

(Removal from the register)

In Case T-84/15,

Laboratorios Thea, SA, established in Barcelona (Spain), represented by D. Mallo Saint-Jalmes, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by S. Bonne, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

Sebapharma GmbH & Co. KG, established in Boppard (Germany), represented by J. Wald and D. Thrun, lawyers,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 18 December 2014 (R 2403/2013-1), relating to opposition proceedings between Sebapharma GmbH & Co. KG and Laboratorios Thea, SA.

1        By letter lodged at the Court Registry on 22 April 2016, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that due to a settlement reached with the intervener, it wished to discontinue proceedings. The applicant requested that each party shall bear its own costs.

2        By letter lodged at the Court Registry on 29 April 2016, the intervener confirmed the Court that the applicant and itself had reached a settlement. The intervener requested that each party shall bear its own costs.

3        By letter lodged at the Court Registry on 4 May 2016, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

4        Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.

5        The case should therefore be removed from the register, the applicant ordered to bear its own costs and those incurred by the defendant, and the intervener be ordered to bear its own costs.

On those grounds,

THE PRESIDENT OF THE EIGHTH CHAMBER
OF THE GENERAL COURT

hereby orders:

1.      Case T-84/15 is removed from the register of the General Court.

2.      Laboratorios Thea, SA shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

3.      Sebapharma GmbH & Co. KG shall bear its own costs.

Luxembourg, 31 May 2016.

E. Coulon

        D. Gratsias
Registrar

President